SENATE, No. 403

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 18, 1996

 

 

By Senator BRYANT

 

 

An Act concerning proof of lawful ownership of bail sources in certain cases and supplementing Title 2A of the New Jersey Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. An individual charged with a drug related offense under chapter 35 of Title 2C of the New Jersey Statutes for which the maximum term of imprisonment can exceed one year who posts cash bail in an amount exceeding $1,000, or secures a bail bond for an amount exceeding $10,000 to satisfy an order for pretrial bail, or any individual who posts cash bail in an amount exceeding $1,000, or secures a bail bond for an amount exceeding $10,000 on behalf of an individual so charged, shall be required by the court to prove that the funds used to post the cash bail or to secure the bail bond were acquired through lawful means.

    As used in this act, "lawful means" shall include, but is not limited to, any source which is not property or money obtained as a result of the sale of prima facie contraband as defined in subsection a.(1) of N.J.S.2C:64-1, proceeds of illegal gambling, prostitution, bribery or extortion.

 

    2. The procedure to determine the source of bail shall be governed by Rules adopted by the Supreme Court.

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    Presently, when determining the amount and conditions of pretrial bail release, a court may inquire into circumstances bearing on the risk that the defendant will fail to appear. This bill would require that prior to admitting to bail a defendant charged with a drug related offense for which the penalty could include a term of imprisonment which exceeds one year, the court shall require the individual who posts pretrial cash bail or a bail bond secured by real property situated in this State to prove that the cash or real property was acquired through lawful means.

 

 

 

Requires individual who posts bail to prove funds were acquired lawfully in certain drug-related cases.